Articles

COA disagrees on damages to bidder

Indiana Court of Appeals judges disagreed today whether a company should be entitled to damages when it lowered its bid for work at a state-run hospital based on fraudulent information from another bidder.

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Justices dismiss public school funding case

Even if Indiana's public school system falls short of where it should be in providing quality education, courts aren't constitutionally able to set standards or establish a financing formula because that's a task falling solely to the General Assembly.

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Man loses gender discrimination appeal

A federal appellate panel has upheld a U.S. District judge's decision against a man who alleged he's the victim of gender discrimination for being fired from St. Francis Hospital on claims he accessed inappropriate Web sites while at work.

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COA reiterates confidential-information filing

The Indiana Court of Appeals emphasized in an opinion today the proper procedure for filing documents with confidential information, instigated by the fact the appellant's original appendix included a pre-sentence report on white paper and included a Social Security number.

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Court rules on transfer to California court

The Indiana Supreme Court affirmed a trial court's decision to relinquish its jurisdiction over child support matters to a California trial court. In its opinion, the high court examined the interplay between the Full Faith and Credit for Child Support Orders Act and the Uniform Interstate Family Support Act.

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COA: Home isn’t allowed in marital estate

Even though a trial court believed a wife's testimony that her in-laws' purposefully kept her from receiving any money from the sale of the marital residence in the event of a divorce, the lower court erred by including the residence in the marital estate, ruled the Indiana Court of Appeals.

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Order that law firm pay attorney fees reversed

The Indiana Court of Appeals reversed today an order awarding attorneys fees based on the actions of an Indianapolis law firm in a dispute involving the dissolution of another firm, finding the record didn't provide any insight into why the trial court granted the award.

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High court reverses termination of mom’s rights

The majority of Indiana Supreme Court justices ruled in a parental termination case that the evidence presented didn't clearly show a mother's rights to her son should be terminated. One justice dissented because he believes an appellate court should defer to the lower court in assessing the facts of a case.

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Improper venue doesn’t require acquittal

Even though the Hamilton Superior Court erred in concluding it was the proper venue for a felony child solicitation charge, the error doesn't warrant an acquittal of the conviction, the Indiana Court of Appeals concluded today. The case was remanded for retrial in the proper venue of Madison County.

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COA: annexation detailed summary sufficient

Ruling on the issue of whether or not a city's "detailed summary" of a fiscal plan followed statutory notice requirements, the Indiana Court of Appeals affirmed judgment today in favor of the city in a suit filed by remonstrators.

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Judges question earlier Circuit holding

A decision from the 7th Circuit Court of Appeals about child pornography convictions turned into an examination of whether a standard adopted by the Circuit Court regarding allocution should remain the law of the Circuit.

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COA: alternative murder sentence illegal

The Indiana Court of Appeals ruled a defendant is entitled to re-sentencing on his murder conviction since the trial court wasn't authorized to sentence him to death and to a term-of-years sentence if the death penalty was overturned.

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Teen’s Fourth Amendment rights not violated

Debating in a footnote whether a juvenile's argument that his Fourth Amendment rights were violated was subject to a Terry stop analysis, the Indiana Court of Appeals decided to apply the Terry analysis to his case.

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Summary judgment affirmed for dairy farm

The Court of Appeals affirmed summary judgment in favor of a confined feeding operation in a dispute between the dairy farm and its neighbor over a tract of land and the impact of the farm on the neighbor's property.

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COA: Insurance company can’t deny coverage

The Indiana Court of Appeals upheld a trial court's decision that an insurance company was estopped from denying coverage to the suspected driver of a car because the company failed to properly preserve its right to deny the driver coverage.

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